2021 QCCQ 15247, 2021 QCCQ 15247

Protection de la jeunesse — 219050 2021 QCCQ 15247 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002673-215 DATE: October 21, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2011 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C.

Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on June 20, 2020, regarding the child X, born on [...], 2011. At that date the Court declared the security and development endangered [1] and entrusted the child to the care of the mother with aid, counselling and assistance for a period of one year. [ 2 ] The DYP asks that the child remain with the mother with aid, counselling and assistance, until January 31, 2022.

Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The DYP made numerous attempts to reach the father, but he is nowhere to be found. Even his relatives ignore where he could be. The Court dispenses the DYP from serving him with the application and proceeds in his absence. [ 5 ] X is present and Y is absent. They are represented by Me Cassandra Neptune.

After hearing the evidence, Me Neptune submits to the Court that the child’s situation remain endangered and that the measures suggested being in his/her best interest. [ 6 ] The child has a brother, Y, 11 years old. The Court is also seized with his situation. History of the Situation [ 7 ] On March 31, 2020 , the Court entrusted the children to their mother on provisional measures and ordered various measures to ensure the mother’s sobriety. [ 8 ] On June 8, 2020 , the Court was seized with an application for protection.

The evidence shows that the family is followed under voluntary measures since November 2019 for neglect in terms of supervision. For 2 years, X was diagnosed with a brain tumour and received treatments at Town B Children’s Hospital for the previous 18 months. For this reason, the mother and the children live Town B since September 2018. The father was still in Town C, but not involved in the children’s lives. He has criminal condition not to come in contact with the mother nor the children due to conjugal violence events.

The Court declared that the security and development of the children were endangered and maintained them with their mother. The Court also ordered the mother to undergo to random testing for alcohol consumption and that the family received the services of an educator, the whole for one year. Facts [ 9 ] The mother came back living in Town C with her children. She is sober since September 2020.

[ 10 ] The father is still bounded by criminal conditions. He would be residing in Town A, but his whereabouts are unknown. He never request any news of his children. [ 11 ] X is still followed for her brain tumour. She receives a monthly injection at the nursing of Town C, and she has a follow-up every 3 months with an oncologist in Town B. The mother missed some appointments in Town B because she could become overwhelmed with her parental responsibility and she is also afraid to leave her son Y with relatives during her absence because she is afraid that he consume.

The DYP help the mother to find an appropriate solution for Y to be properly supervised and for X to attend her appointments as scheduled. [ 12 ] X is doing very well academically and socially. She was the victim of an episode of bullying at school, but the mother took the steps to meet with the school staff for a solution to be found. The issue had been resolved, X is no more victim of bullying, but the solution founded did not satisfy the mother. Indeed, the school decided to transfer X from the English school to the French school to avoid contact with her bully.

The mother considers that X had been punished. [ 13 ] In September 2021, the mother called the DYP worker saying that she has concerns about Y’s behaviour. Indeed, he stayed outside during all night and consume marijuana. The mother was crying and was very stressed. During the meeting, Y listen carefully his mother as well as the DYP worker. The mother imposed consequences and after that event, Y’s behaviour improved a lot. [ 14 ] On May 5, 2021, the mother called Y’s teacher to let her know that Y would be the victim of bullying. The teacher reassure the mother that, according to her, nothing wrong happened.

The teacher took this opportunity to inform the mother about Y’s school poor attendance since March 2021, and the risk for him to fail his school year. A meeting was planned between the teacher and the mother and the mother never came and never rescheduled the meeting. This poor school attendance was due to the fact that the mother had to go regularly to Town B and also due to the fact that the father’s release created a stress for the mother who decided to go with her children in a women's shelter.

During those absences, the child did not go to school. [ 15 ] The mother easily reach out for help when she feels overwhelmed. She is also able to set structure and boundaries for her children. [ 16 ] The DYP submits that the mother still need support answering her children’s needs properly. But, considering the great improvements she made during the last months, a short measure should be sufficient. After a period of 3 months, the file could be closed at the DYP and transferred for a follow-up to the Social Services. Analysis [ 17 ] This application was not challenged.

The mother made great improvements and she accepts to continue receiving help for another 3 months. [ 18 ] The Court congratulated the mother of the great improvements of her situation. She had been able to achieve that despite the numerous obstacles she had on her road: being a single mother, being afraid of the father, the sickness of her daughter, the multiple travelling in Town B, taking care and trying to offer a normal life to her other child. The situation was not and is still not an easy one.

Despite all those difficulties, she had been able to be strong enough to maintain her sobriety. [ 19 ] Now, a few months of follow-up are needed to well root those great improvements. The mother had been invited to not hesitate to request for any kind of help after those 3 months. She does not have to be shy to admit being tired. Everybody would be tired with such parental responsibilities.

FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X, born on [...], 2011, are still endangered; [ 22 ] ORDERS that the child remain with the mother; [ 23 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 24 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered by the Court; [ 25 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the child and the father be determined by the Director of Youth Protection; [ 26 ] ORDERS that the child receive specific health care and health services required by her situation; [ 27 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 28 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 29 ] THE WHOLE until January 31, 2022.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: October 21, 2021